|
|
|
|
IMEACHTA AN BHUAN-CHOMH-CHOISTE.PROCEEDINGS OF THE STANDING JOINT COMMITTEE.Dé Máirt, 28ú Iúil, 1953.Tuesday, 28th July, 1953.1. The Committee met at 4.30 p.m. 2. Members Present. The following members were present: Deputy Sweetman (in the Chair) Parliamentary Secretary to the Government and Deputy S. Flanagan, Senators Hartnett, McCrea and Yeats. 3. The Committee deliberated. 4. The Committee took the Bill into consideration. (i) Sections 1 and 2 agreed to. (ii) Section 3. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 19, line 11, to insert ‘(except in section 115 or 119)’ after ‘means.”’ Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 19, line 25, to insert ‘and brood and spawn of fish’ after ‘sea’.” Question put, and agreed to. Section, as amended, agreed to. (iii) Sections 4 to 7 inclusive, agreed to. (iv) Alt 8. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 22, line 57, to delete ‘any person’ and substitute ‘an officer of the Minister’.” Question put, and agreed to. Section, as amended, agreed to. (v) Section 9 agreed to. (vi) Section 10. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 23, line 48, to substitute ‘sections 93 and 103’ for ‘section 93’.” Question put, and agreed to. Section, as amended, agreed to. (vii) Sections 11 to 23 inclusive, agreed to. (viii) Section 24. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (5), page 30, line 12, to delete ‘(other than the Minister)’.” Question put, and agreed to. Section, as amended, agreed to. (ix) Sections 25 to 29 inclusive, agreed to. (x) Section 30. Amendment proposed (Parliamentary Secretary to the Government): “In page 32, line 11, to delete ‘be disqualified from continuing’ and substitute ‘cease’.” Question put, and agreed to. Section, as amended, agreed to. (xi) Sections 31 and 32 agreed to. (xii) Section 33. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 32, line 51, to insert ‘incapacity’ after resignation’.” Question put, and agreed to. Section, as amended, agreed to. (xiii) Section 34 agreed to. (xiv) Section 35. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 33, line 22, to insert ‘more than’ before ‘fourteen days’.” Question put, and agreed to. Section, as amended, agreed to. (xv) Sections 36, 37 and 38 agreed to. (xvi) Section 39. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (2), page 36— (a) in lines 19 and 23 to insert ‘incapable or’ before ‘disqualified’. (b) in lines 25 and 29 to insert ‘incapacity’ after ‘resignation’.” Question put, and agreed to. Section, as amended, agreed to. (xvii) Section 40. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 36, line 45, to insert ‘for the protection of the fisheries in their district and for generally enforcing this Act therein’ after ‘permit’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (7), page 37, line 19, to insert ‘treasurer,’ before ‘clerk’.” Question put, and agreed to. Section, as amended, agreed to. (xviii) Sections 41 to 46 inclusive, agreed to. (xix) Section 47. Amendment proposed (Parliamentary Secretary to the Government): “In page 38, line 31, to substitute ‘the’ for ‘an.”’ Question put, and agreed to. Section, as amended, agreed to. (xx) Sections 48 to 53 inclusive, agreed to. (xxi) Section 54. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 41, line 3, to substitute ‘may’ for ‘shall’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (5), page 41— (a) in line 35, to delete ‘or the commissioners of any town’, (b) in line 37, to delete ‘or commissioners’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government); “In subsection (6), page 41— (a) in lines 45 and 46, to delete ‘or the commissioners of a town’, (b) in lines 48 and 49, to delete ‘or commissioners’.” Question put, and agreed to. Section, as amended, agreed to. (xxii) Section 55 agreed to. (xxiii) New section. Amendment proposed (Parliamentary Secretary to the Government): “To insert before section 56 the following new section:— ‘(1) Fishery rate payable to a board of conservators shall be collected by such persons as the Board may from time to time appoint, adequate security being taken by the board from the persons so appointed for the duly accounting for the rate collected, and the costs of the collection of the rate shall be part of the expenses of the board. (2) Fishery rate payable to a board of conservators may be recovered at the suit of the clerk of the board of conservators as a simple contract debt in any court of competent jurisdiction. (3) Where any person (in this subsection referred to as the rated person) rated in respect of a fishery for fishery rate fails to pay any moiety of such fishery rate within one month after the date on which such moiety is required by subsection (4) of section 54 to be paid, such moiety shall be recoverable (at the option of the person entitled by law to collect and recover it) from the rated person or from any person who, when such fishery rate was made or at any subsequent time, held, used or occupied the said fishery, and, if such last-mentioned person is a tenant of the rated person, he may, unless the contract of tenancy provides for the payment of fishery rate by the tenant, deduct the amount of any fishery rate so recovered from him from any rent payable to the rated person.”’ Question:—“That the new section be there inserted”—put, and agreed to. (xxiv) Sections 56 and 57 deleted. (xxv) Section 58. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 42, line 24, to insert ‘(Part XII)’ after ‘vested’.” Question put, and agreed to. Section, as amended, agreed to. (xxvi) Sections 59 and 60 agreed to. (xxvii) New section. Amendment proposed (Parliamentary Secretary to the Government): “Before section 61, but in Part V, to insert the following new section:— ‘(1) Subsections (2), (3), (4) and (5) of this section shall not have effect during any fishery year to which section 54 applies by virtue of subsection (7) thereof. (2) The occupier of every fishery in a fishery district, which is entered on the Valuation List prepared under the Valuation Acts as a rateable hereditament, shall in each year pay to the board of conservators for that fishery district as an annual rate, in two equal half yearly gales, on the 1st day of February and the 1st day of July in that year, such sum, in addition to the licence duties to be paid for fishing engines used in fishing that fishery, as shall be equal to the amount of the difference between the sums paid by him for such licence duties and the annual sum of ten per cent. on the rateable valuation of that fishery, subject to such reduction of that percentage as may, from time to time, be made by that board of conservators under subsection (3) of this section. (3) The board of conservators of a fishery district may, with the approval of the Minister, reduce in respect of that fishery district the percentage specified in subsection (2) of this section, and any such reduction shall have effect on and from the 1st day of January in the then succeeding year. (4) A rate payable to a board of conservators under this section may be recovered at the suit of the clerk of the board of conservators as a simple contract debt in any court of competent jurisdiction. (5) A rate payable to a board of conservators under this section shall be collected by such persons as the board may from time to time appoint, adequate security being taken by the board from the persons so appointed for the duly accounting for the rate collected, and the costs of the collection of the rate shall be part of the expenses of the board’.” Question:—“That the new section be there inserted”—put, and agreed to. (xxviii) Sections 61 to 64 inclusive, agreed to. (xxix) Section 65. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (2), page 45, to delete lines 3 and 4.” Question put, and agreed to. (xxx) Section 66 agreed to. (xxxi) Section 67. Amendment proposed (Parliamentary Secretary to the Government): “To delete subsections (4) and (5), page 46, lines 52 to 56.” Question put, and agreed to. Section, as amended, agreed to. (xxxii) Sections 68 to 73 inclusive, agreed to. (xxxiii) Section 74. Amendment proposed (Parliamentary Secretary to the Government): “In page 50, line 25, to insert ‘through their clerk’ after ‘issue’.” Question put, and agreed to. Section, as amended, agreed to. (xxxiv) Sections 75 to 93 inclusive, agreed to. (xxxv) Section 94. Amendment proposed (Parliamentary Secretary to the Government): “Before subsection (4) to insert the following new subsection— (4) (a) Where— (i) an application is made to the Minister to permit the use of draft nets for the capture of trout in a specified lake exceeding thirty square miles in area, and (ii) the applicant furnishes the Minister with the consent in writing of every owner of a several fishery in the lake, and (iii) the applicant satisfies the Minister that within twenty years before the 1st day of January, 1948, nets were used as of right in the lake for the capture of trout by members of the public who depended on such netting as a means of livelihood, the Minister, if he thinks fit, may make bye-laws permitting the use of draft nets for such capture, subject to such conditions as he thinks proper. (b) Where bye-laws under this subsection are for the time being in force in relation to waters vested in the Electricity Supply Board, nothing in this Act shall be construed as prohibiting the Board from permitting the use of draft nets in such waters in accordance with the bye-laws. (c) The Minister may, if he thinks fit, cause a public inquiry to be held into the desirability of making a particular bye-law under this subsection and for this purpose may appoint an officer of the Minister to hold such inquiry. (d) The Minister shall cause to be given, in accordance with section 320, notice of the holding of an inquiry under this subsection.”’ Amendment amended, by leave, by the deletion, in the third line of paragraph (b), of the words “this Act” and the substitution therefor of the words “any enactment.” Question, as amended, put, and agreed to. Section, as amended, agreed to. (xxxvi) Section 95. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (3), page 61, line 10, to delete ‘such tidal portion’ and substitute ‘the fishery district in which such river is situate’.” Question put, and agreed to. Section, as amended, agreed to. (xxxvii) Section 96. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (4), page 61, line 36, to insert ‘in the fishery district in which such river or lake is situate’ before ‘and’.” Question put, and agreed to. (xxxviii) New section. Amendment proposed (Parliamentary Secretary to the Government): “Before section 97 to insert the following new section:— ‘97.—(1) No person shall fish with, make use of, or erect any fixed engine for the capture of salmon unless a certificate in regard to such fixed engine was granted under the Salmon Fishery (Ireland) Act, 1863, before the 31st day of December, 1923, and was subsisting unrevoked on that day. (2) Every person who fishes with, makes use of, or erects any fixed engine for the capture of salmon in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds and a further fine not exceeding twenty pounds for every day during which such fixed engine is fished with, made use of, or erected. (3) Where a person is convicted of an offence under this section, the fixed engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited’.” Question:—“That the new section be there inserted”—put, and agreed to. (xxxix) Section 97 deleted. (xl) Sections 98 to 107 inclusive, agreed to. (xli) Section 108. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (2), page 66, to delete paragraph (b) and substitute the following new paragraph— ‘(b) Where the breadth of the river, where there is a chartered or patent fishing weir (being a fishing weir existing on the 28th day of July, 1863), does not exceed forty feet and it might be inexpedient to require a free gap to be made therein, the Minister may, if he thinks fit, instead thereof, direct by his order the extension of the weekly close time for a period of twenty-four hours’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “Before subsection (3) to insert the following new subsection:— ‘(3) (a) The Minister may by order authorise the operation of a specified fishing weir belonging to the Minister or the Electricity Supply Board without a free gap, subject to such conditions as to the release upstream of a sufficient number of the fish entering the weir as he thinks proper to impose for the purpose of adequately maintaining stocks of such fish, and may by order amend or revoke any order made by him under this subsection. (b) Before making an order under this subsection, the Minister shall cause notice of his intention, containing a draft of the proposed order, to be published and circulated in the locality to be affected by the order and shall consider any objections thereto made to him during one month after the publication of the notice. (c) For the purposes of this subsection any contrivance for taking or facilitating the taking of fish associated with hydro-electric works constructed by the Electricity Supply Board shall be deemed to be a fishing weir. (d) An order under this section shall have effect notwithstanding anything to the contrary in this Act. (e) Every order under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. (f) Notice of the making of every order under this subsection shall, as soon as may be, be published in the Iris Oifigiúil and in one or more newspapers circulating in the area affected by the order, and a copy of the order shall be deposited with the County Registrar for every county and the District Court Clerk of every district which, or any part of which, is affected thereby, and in every station of the Garda Síochána within the area affected thereby. (g) The Minister may, if he thinks fit, cause a public inquiry to be held into the desirability of making a particular order under this subsection and for this purpose may appoint an officer of the Minister to hold such inquiry. (h) The Minister shall cause to be given in accordance with section 320, notice of the holding of an inquiry under this subsection.” Question put, and agreed to. Section, as amended, agreed to. (xlii) Section 109. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 66, line 28, to delete ‘period’ and substitute ‘periods, subject to such conditions’,”. Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (3), page 66, line 43, to delete ‘River Shannon’ and substitute ‘Shannon fisheries (as defined by the Shannon Fisheries Act, 1935 (No. 4 of 1935))”’. Question put, and agreed to. Section, as amended, agreed to. (xliii) Section 110. Amendment proposed (Parliamentary Secretary to the Government). “In subsection (1), page 66, line 52, to delete ‘passing of this Act’ and substitute ‘14th day of July, 1939’.” Question put, and agreed to. Section, as amended, agreed to. (xliv) Sections 111 to 114 inclusive, agreed to. (xlv) Section 115. Amendment proposed (Parliamentary Secretary to the Government): “Before subsection (1) to insert a new subsection as follows:— ‘(1) In this section, the word “dam” means any dam, weir, dyke or other erection placed in or across a salmon river for sustaining the water of such river for mill power, navigation, irrigation or other purposes’.” Question put, and agreed to. Section, as amended, agreed to. (xlvi) Sections 116, 117 and 118 agreed to. (xlvii) Section 119. Amendment proposed (Parliamentary Secretary to the Government): “To delete subsection (1) and substitute the following subsection— ‘(1) If any person— (a) takes, kills, or destroys any salmon or other fish in any passage (i) made under or in accordance with section 115 in or through such dams as are referred to in that section, or (ii) made under or in accordance with section 118 in or through such natural obstructions as are referred to in that section, or (b) hangs, fixes, uses or sets in any such passage any net or other engine for the taking of fish, or (c) places any obstruction, uses any contrivance or does any act whereby fish may be scared, deterred or in any way prevented from freely entering or passing up and down through any such passage at all periods of the year, or (d) fails to keep and preserve any such passage free from every obstruction, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and, if the offence is that of placing any obstruction or contrivance in any such passage, the Court shall order the removal thereof at the expense of the offender’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (2), page 74— (a) in line 16, to delete ‘an information’ and substitute ‘a complaint’, (b) in line 29, to delete ‘information’ and substitute ‘complaint’.” Question put, and agreed to. Section, as amended, agreed to. (xlviii) Sections 120 to 124 inclusive, agreed to. (xlix) Section 125. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (3), page 76— (a) in line 53, to delete ‘an information’ and substitute ‘a complaint’, (b) in line 57 to delete ‘information’ and substitute ‘complaint’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (4), page 77— (a) in line 2, to delete ‘an information’ and substitute ‘a complaint’.” (b) in line 15, to delete ‘information’ and substitute ‘complaint’.” Question put, and agreed to. Section, as amended, agreed to. (1) Sections 126 to 130 inclusive, agreed to. (li) Section 131. Amendment proposed (Parliamentary Secretary to the Government): “In page 79, line 48, to insert ‘or the smolts or fry thereof’ after ‘salmon or trout’.” Question put, and agreed to. Section, as amended, agreed to. (lii) Sections 132 and 133 agreed to. (liii) Section 134. Amendment proposed (Parliamentary Secretary to the Government). “In subsection (1), page 80, in line 28 and also in line 35, to delete ‘possession or control’ and substitute ‘custody or possession’.” Question put, and agreed to. Section, as amended, agreed to. (liv) Sections 135 to 138 inclusive, agreed to. (lv) Section 139. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (4), page 83, to delete lines 60 to 62, and substitute ‘subsection (2) of section 108, the period commencing at 6 o’clock a.m. on Saturday and ending at 6 o’clock a.m. on the next following Monday with the extension of a period of twenty-four hours as directed by the order’.” Question put, and agreed to. Section, as amended, agreed to. (lvi) Sections 140 to 149 inclusive, agreed to. (lvii) Section 150. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 86, in line 42 and also in lines 48 and 49 to delete ‘possession or control’ and substitute ‘custody or possession’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “To delete subsection (4), page 87, lines 8 to 15.” Question put, and agreed to. Section, as amended, agreed to. (lviii) Sections 151, 152 and 153 agreed to. (lix) Section 154. Amendment proposed (Parliamentary Secretary to the Government): “In page 88, to delete lines 13 to 16.” Question put, and agreed to. Section, as amended, agreed to. (lx) Sections 155 to 158 inclusive, agreed to. (lxi) Section 159. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 89— (a) in line 48, to delete ‘Act of 1925’ and substitute ‘Finance Act, 1925 (No. 28 of 1925)’, (b) in line 50, to delete ‘Act of 1925’ and substitute ‘said Act’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (2), page 90, line 12, to delete ‘Act of 1940’ and substitute ‘Finance Act, 1940 (No. 14 of 1940)’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (5), page 90— (a) in line 24, to delete ‘or revoked’, (b) in lines 25 and 26, to delete ‘unless it is renewed under section 160, no longer’ and substitute ‘shall then expire’.” Question put, and agreed to. Section, as amended, agreed to. (lxii) Section 160. Amendment proposed (Parliamentary Secretary to the Government): “To delete subsection (1) and substitute the following subsection— ‘(I) Where— (a) either— (i) the holder of a Part X licence which is for the time being in force (either by virtue of the original issue or a renewal thereof) applies, within fourteen days before its expiration, to the board of conservators by whom the licence was issued for a renewal of the licence, or (ii) the holder of a Part X licence which was in force (either by virtue of the original issue or a renewal thereof) on the 31st day of December in any year applies within one month after its expiration to the board of conservators by whom the licence was issued for a renewal of the licence, and (b) there is sent with the application the sum of one pound (being the excise duty imposed, in case the licence is a salmon dealer’s licence, by section 42 of the Finance Act, 1925, or in case the licence is a salmon exporter’s licence, by section 12 of the Finance Act, 1940), then, subject to section 43 of the Finance Act, 1925, or to section 12 of the Finance Act, 1940 (whichever of those sections is applicable), such board of conservators may renew such licence’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “To delete subsection (4) and substitute the following subsection:— ‘(4) Every renewal of a Part X licence shall (unless the licence is previously terminated) continue in force until the expiration of the calendar year for which the licence was last renewed and shall then expire’.” Question put, and agreed to. Section, as amended, agreed to. (lxiii) Sections 161, 162 and 163 agreed to. (lxiv) Section 164 deleted. (lxv) New sections. Amendment proposed (Parliamentary Secretary to the Government): “To insert before section 165, the following new section:— ‘164.—(1) In this section— the expression “deleterious matter” means any explosive or any substance which, on entry or discharge into any waters, is liable to render the waters poisonous or injurious to fish, spawning grounds or the food of any fish; the expression “waters” means any river, lake, watercourse, estuary or any part of the sea coast. (2) Any person who— (a) uses in any waters any deleterious matter for the capture, destruction or injury of fish, or (b) has in his possession or control on the bank of or near any waters any deleterious matter with intent to use it in the capture, destruction or injury of fish, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or at the discretion of the court to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (3) Where a person is convicted of an offence under this section any deleterious matter found in his possession or control in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited’.” Question:—“That the new section be there inserted”—put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “To insert before section 165, a new section as follows:— ‘165.—(1) If, for the purpose of taking any fish, any person uses or has in his possession or control in any lake, river or estuary or on or near the banks thereof any light or fire of any kind, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or at the discretion of the court to imprisonment for any term not exceeding twelve months. (2) Where a person is convicted of an offence under this section, the means or materials by which there was produced the light or fire in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited’.” Question:—“That the new section be there inserted”—put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “To insert before section 165 a new section as follows:— 166.—(1) In this section the expression “instrument to which this section applies” means any otter, spear, strokehaul, gaff or other instrument of a similar kind. (2) If, for the purpose of taking any fish, any person uses or has in his possession or control in any lake, river, or estuary or on or near the banks thereof any instrument to which this section applies, such person shall, subject to subsection (3) of this section, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding twelve months. (3) Subsection (2) of this section shall not apply to the use, possession or control of— (a) a gaff used or to be used solely as an auxiliary to lawful angling between sunrise and one hour after sunset, or (b) a gaff used or to be used by the holder of a fishing licence in respect of any box in a fishing weir or fishing mill dam solely for the purpose of lawfully removing fish therefrom, or (c) an eel spear used for taking eels. (4) Where a person is convicted of an offence under this section any instrument (being an instrument to which this section applies) in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.” Question:—“That the new section be there inserted”—put, and agreed to. (lxvi) Section 165 deleted. (lxvii) Sections 166 to 169 inclusive, agreed to. (lxviii) Sections 170 and 171 deleted. (lxix) New section. Amendment proposed (Parliamentary Secretary to the Government): “To insert before section 172 the following new section:— ‘171.—(1) In this section— the expression “deleterious matter” means any explosive or any substance which on entry or discharge into any waters, is liable to render the waters poisonous or injurious to fish, spawning grounds or the food of any fish; the expression “waters” means any river, lake, watercourse, estuary or any part of the sea coast. (2) Any person who— (a) steeps in any waters any flax or hemp, or (b) throws, empties, permits or causes to fall into any waters any deleterious matter, shall, unless such act is done under and in accordance with a licence granted by the Minister under this section, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or at the discretion of the court to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (3) Where a person is convicted of an offence under this section any flax or hemp found in waters in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited. (4) The Minister, after consultation with the Minister for Industry and Commerce or (in the case of a licence to be granted to a sanitary authority in relation to a sewerage scheme) with the Minister for Local Government, may grant licences for the purposes of this section, may attach conditions to any licence, and may after like consultation revoke any licence’.” Question:—“That the new section be there inserted”—put, and agreed to. (lxx) Sections 172 to 175 inclusive, agreed to. (lxxi) Section 176. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 96, line 53, to insert ‘black, foul,’ before ‘unclean’.” Question put, and agreed to. Section, as amended, agreed to. (lxxii) Sections 177 and 178 agreed to. (lxxiii) Section 179. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 97, line 28, to delete ‘a licence’ and substitute ‘authority’.” Question put, and agreed to. Section, as amended, agreed to. (lxxiv) Section 180. Amendment proposed (Parliamentary Secretary to the Government): “In page 97, line 37, to delete ‘consent or licence’ and substitute ‘authority’.” Question put, and agreed to. Section, as amended, agreed to. (lxxv) Sections 181, 182 and 183 agreed to. (lxxvi) Section 184. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 99, line 45, to delete ‘on’ and substitute ‘at’.” Question put, and agreed to. Section, as amended, agreed to. (lxxvii) Sections 185 to 208 inclusive, agreed to. (lxxviii) Section 209. Amendment proposed (Parliamentary Secretary to the Government): “In page 114, to delete in lines 23, 24 and 25, ‘the 30th day of June and 31st day of December in the year 1954 and every subsequent year after the passing of this Act’ and substitute ‘every 30th day of June and 31st day of December, after the commencement of this section’.” Question put, and agreed to. Section, as amended, agreed to. (lxxix) Section 210 agreed to. (lxxx) Section 211. Amendment proposed (Parliamentary Secretary to the Government): “In page 115— (a) in line 6, to delete ‘maintain it’ and substitute ‘remain liable for its maintenance’. (b) in lines 18 and 19, to delete ‘maintain them’ and substitute ‘remain liable for their maintenance’.” Question put, and agreed to. Section, as amended, agreed to. (lxxxi) Sections 212 to 215 inclusive, agreed to. (lxxxii) Section 216. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 117, line 3, to insert ‘may’ before ‘interfere’.” Question put, and agreed to. Section, as amended, agreed to. (lxxxiii) Sections 217 and 218 agreed to. (lxxxiv) Section 219. Amendment proposed (Parliamentary Secretary to the Government): “In section 219, page 118, to delete lines 30 to 33 and substitute the following:— ‘the expression “sea fishing boat” means— (a) where it occurs in Chapter II of this Part or in section 232 or in section 233 (so far as that section confers powers on a sea fisheries protection officer for the purposes of enforcing the said Chapter II or any instrument made thereunder)—any ship, boat or other vessel of whatsoever kind used for sea-fishing, (b) where it occurs in Chapter III of this Part or in section 233 (so far as that section confers powers on a sea fisheries protection officer for purposes of enforcing the said Chapter III or any order made thereunder)—any ship, boat or other vessel of whatsoever kind used for sea-fishing, and includes any vessel or boat used for the treatment of fish or partly or wholly for the transport of fish’.” Question put, and agreed to. Section, as amended, agreed to. (lxxxv) Sections 220 to 245 inclusive, agreed to. (lxxxvi) Section 246. Amendment proposed (Parliamentary Secretary to the Government): “In page 130, lines 44 and 45, to delete ‘shall be in writing and under the hand of the Minister and’.” Question put, and agreed to. Section, as amended, agreed to. (lxxxvii) Section 247. Amendment proposed (Parliamentary Secretary to the Government): “In paragraph (c), page 131, line 13, to insert ‘of the Minister’ after ‘officer’.” Question put, and agreed to. Section, as amended, agreed to. (lxxxviii) Sections 248 to 254 inclusive, agreed to. (lxxxix) Section 255. Amendment proposed (Parliamentary Secretary to the Government): “In page 132, line 50, to insert ‘or oyster layings’ after ‘bed’.” Question put, and agreed to. Section, as amended, agreed to. (xc) Sections 256, 257 and 258 agreed to. (xci) Section 259. Amendment proposed (Parliamentary Secretary to the Government): “In page 133, line 30, to insert ‘of the Minister’ after ‘officer’.” Question put, and agreed to. Section, as amended, agreed to. (xcii) Sections 260 to 272 inclusive, agreed to. (xciii) Section 273. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 135, line 42, to insert ‘or custody’ after ‘possession’.” Question put, and agreed to. Section, as amended, agreed to. (xciv) Sections 274 to 277 inclusive, agreed to. (xcv) New section. Amendment proposed (Parliamentary Secretary to the Government): “To insert before section 278 the following new section:— ‘278.—(1) Section 245 shall extend to and include mussel beds, periwinkle beds, and cockle beds, and the Minister is hereby empowered to grant in respect of the said beds the licences mentioned in the said section 245. (2) Sections 246 to 253 shall extend to and include mussel beds and mussel fisheries, periwinkle beds and periwinkle fisheries, and cockle beds and cockle fisheries’.” Question:—“That the new section be there inserted”—put, and agreed to. (xcvi) Section 278 deleted. (xcvii) Section 279 agreed to. (xcviii) Section 280. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 137, line 37, to insert ‘or custody’ after ‘possession’.” Question put, and agreed to. Section, as amended, agreed to. (xcix) Sections 281 to 287 inclusive, agreed to. (c) Section 288. Amendment proposed (Parliamentary Secretary to the Government): “To delete subsection (3), page 139, lines 33 and 34.” Question put, and agreed to. Section, as amended, agreed to. (ci) Section 289 agreed to. (cii) Section 290. Amendment proposed (Parliamentary Secretary to the Government): “In page 139, to delete— (a) in lines 45 and 46, or “servant”, (b) in line 47, “or sea fisheries protection officer”. Question put, and agreed to. Section, as amended, agreed to. (ciii) Section 291. Amendment proposed (Parliamentary Secretary to the Government): “To delete subsection (2), page 140, lines 19 to 22.” Question put, and agreed to. Section, as amended, agreed to. (civ) Sections 292 and 293 agreed to. (cv) Section 294. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 141— (a) in line 7, to insert ‘or other officer of a board of conservators’ after ‘keeper’, (b) in line 9, to delete ‘a conservator’s water keeper’ and substitute ‘an authorised person’.” Question put, and agreed to. Section, as amended, agreed to. (cvi) Sections 295 to 299 inclusive, agreed to. (cvii) Section 300. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (2), paragraph (a), page 143— (i) in line 11, to delete ‘instrument or substance’ and substitute ‘and any such instrument’, (ii) in lines 13 and 14, to delete ‘any fish, instrument or substance is being’ and substitute ‘such fish or instrument is or may be’.” Amendment amended, by leave, by the deletion of the words “or may be” in the last line. Question, as amended, put, and agreed to. Section, as amended, agreed to. (cviii) Sections 301 and 302 agreed to. (cix) Section 303. Amendment proposed (Parliamentary Secretary to the Government): “To insert before subsection (1) a new subsection as follows:— ‘(1) In this section, the expression “authorised person” does not include a private water keeper’.” Question put, and agreed to. Section, as amended, agreed to. (cx) Section 304. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (2), page 145, to insert at the end of line 56, the following— ‘or (iii) such person is under the age of seventeen years,”’ Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “To add at the end of the section the following new subsection:— ‘(3) Where a person using a trout rod in scheduled trout waters situate in a particular fishery district is charged with an offence under this section, it shall be a good defence to prove that— (a) he is a member of the family of the occupier of land contiguous to the portion of such scheduled trout waters in which he is found using such trout rod, and (b) such occupier is entitled to fishing rights in that portion and is the holder of a trout rod (riparian owner) licence for the time being in force issued by the board of conservators for such fishery district and valid for such portion’.” Question put, and agreed to. Section, as amended, agreed to. (cxi) Sections 305 to 314 inclusive, agreed to. (cxii) Section 315. Amendment proposed (Parliamentary Secretary to the Government): “In subsection (1), page 148, line 21, to insert ‘is lawfully seized’, after ‘thereunder’.” Question put, and agreed to. Section, as amended, agreed to. (cxiii) Sections 316, 317 and 318 agreed to. (cxiv) Section 319 deleted. (cxv) Sections 320 to 334 inclusive, agreed to. (cxvi) First Schedule. Amendment proposed (Parliamentary Secretary to the Government). “To insert at the end of the Schedule the following:—
Question put, and agreed to. Schedule, as amended, agreed to. (cxvii) Second and Third Schedules agreed to. (cxviii) Fourth Schedule. Amendment proposed (Parliamentary Secretary to the Government): “In page 160, at reference number 1, in column (3), to insert ‘or for the Foyle Area (as defined by the Foyle Fisheries Act, 1952 (No. 5 of 1952))’ after ‘for another fishery district’.” Question put, and agreed to. Schedule, as amended, agreed to. (cxix) Fifth Schedule. Amendment proposed (Parliamentary Secretary to the Government): “In paragraph 1, page 161, line 12, to insert ‘or custody’ after ‘possession’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “In paragraph 1, page 161, line 14, to insert ‘of the Minister’ after ‘officer’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “In paragraph 2, page 161, line 39, to insert ‘of the Minister’ after ‘officer’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “In paragraph 3, page 162, line 22, to insert ‘of the Minister’ after ‘officer’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “In paragraph 4 (1), page 162, line 42, to insert ‘of the Minister’ after ‘officer’.” Question put, and agreed to. Amendment proposed (Parliamentary Secretary to the Government): “In paragraph 4 (2), page 162, line 53, to insert ‘of the Minister’ after ‘officer’.” Question put, and agreed to. Schedule, as amended, agreed to. (cxx) Sixth Schedule agreed to. (cxxi) Title. Amendment proposed (Parliamentary Secretary to the Government): “In the Title, page 18, line 4, to delete ‘1949’ and substitute ‘1953’.” Question put, and agreed to. Title, as amended, agreed to. 5. The Chairman brought forward a Draft Report which was read as follows:— The Committee have considered the Bill. They have deleted certain provisions which appear to them to be outside the scope of a consolidation measure. They have made certain amendments which appear to them to be necessary to the improvement of the form of the Bill and they are of the opinion that the Bill, as amended, represents the existing law. Motion made (Parliamentary Secretary to the Government): “That the Chairman’s Draft Report be the Report of the Committee’.” Question put, and agreed to. Ordered: That the Report be presented to the Dáil and to the Seanad. 6. Conclusion of Business. The Committee concluded its business at 6.15 p.m. |
|||||||||||||||||
|
||||||||||||||||||
